Case Studies » Sickness » Disability Allowance - Case from 2017 Annual Report ( ref: 2017/17)

Background: The appellant, in her mid-50s, was intellectually impaired since birth. She had previously been in receipt of Disability Allowance. The current application was made in August 2016 and was refused by the Department on the grounds that the appellant was not considered to be substantially restricted in undertaking suitable work, having regard to age, qualifications and experience. A letter from the appellant’s GP stated that the appellant was not able to manage her own affairs and had always lived at home. He also indicated that in her advancing years it was likely that she would become more dependent and require further care. A letter from the appellant’s father stated that the appellant attended special needs schools and then spent time with Rehab and RehabCare. At the time of application she was involved in rehabilitative work for 6 hours a week. A letter from RehabCare stated that she required and would continue to require support indefinitely for accessing and participating in social, cultural, recreational, health and wellbeing and occupational activity.

Consideration: Having assessed the evidence the Appeals Officer concluded that the appellant was substantially restricted in undertaking work and this will continue for the foreseeable future, and she therefore met the medical eligibility criteria for Disability Allowance.

Outcome: Appeal allowed.